Q&A with Attorney Tom Cummings

Date: April 28, 2022

Question: I work in a warehouse and I injured my back at work last year. I have seen doctors and had some physical therapy and things seem to be improving. I returned to work last week with lifting restrictions at limited hours. But I’m not earning the same pay as when I was injured. Will they still pay me workers comp for the difference? And, if so, how will my checks be calculated? Anonymous, Pittston, PA.

Answer: If an injured worker (claimant) returns to work after a work injury and has a loss of earnings that results from the work injury, the claimant will be entitled to payment of partial disability benefits. Partial benefits are in the amount of 2/3 of the difference between the pre-injury weekly earnings (AWW) and the return to work weekly earnings. For example, if you had an AWW of $600.00 before your injury and returned to light-duty work with fewer earnings at $500.00/week, there would be a  $100 difference. Multiply $100.00 x2/3 and you get $66.66.  Besides receiving your RTW earnings ($500.00), you will also be entitled to receive a partial disability payment in the amount of $100.00 for that week.

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

 Disclaimer: The above article is for instructive purposes only and each case is fact sensitive.  Consultation with an attorney should be obtained instead of relying upon the legal issues discussed in this column. 

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.